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2004 October Council Proceedings Regular Session, October 4, 2004 341 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 4, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditonum Present: Mayor Pro- Tem Markham, Council Members Buol, Ciine, Connors, Michalski, Nicholson, City Manager Van Milligen, Assistant City Attorney Tim O'Brien Absent: Mayor Duggan, Corporation Counsel Lindahl Mayor Pro-Tem Markham read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Council Member Michalski. Proclamations: Make a Will Month (October, 2004) received by Ken Worth; YWCA Week Without Violence (October, 2004) received by Lisa McCarthy and Toby Wisecup; Disability Employment Awareness Month (October, 2004) received by Mary Lynn ReVoir; HireVetsFirst Campaign received by Kent Roeder; Bipolar Disorder Awareness Day (October 7, 2004) received by Pat Balvanz; White Cane Safety Day (October 15, 2004) received by Lorene Brown; and Trick or Treat Night (October 31, 2004) A presentation of the Iowa league of Cities "All Star" Community Award was made to the Council. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 8/26; Cable TV Telepro- gramming Commission of 9rr; City Council of 9/14 and 9/20; Histone Preservation Commission of 9/16; Housing Commission of 8/24; Housing Trust Fund Committee of 9/24; Park and Recreation Commission of 9/21; Plumbing Board of 9/22; Transit Board of 9/9; Zoning Board of Adjustment of 8/26; Proof of Publication of list of Claims and Summary of Revenues for the Month Ending July 31, 2004; Library Board of Trustees Update from the meeting of September 23, 2004, presented and read. Buol moved that the minutes and proof be received and filed. Seconded by Michalski. Motion carried 6-0. Notice of Claims/Suits: Dawn Close (8/22/O4) for vehicle damage; Dawn Close (9/11/04) for vehicle damage; Brian D. Kohn vs. City of Dubuque; Luther Manor for property damage, presented and read. Buol moved that the claims and suits be received and filed and referred to legal for investigation. Seconded by Michalski. Motion carried 6-0. Corporation Counsel recommending settlement of the claims of Milt Avenarius for property damage and Jeff Hoyne for vehicle damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and Finance Department to issue proper payment. Seconded by Michalski. Motion carried 6-0. Corporation Counsel recommending denial of the claim of Mike Bisdort for vehicle damage, pres ented and read. Buol moved that the communication be received and filed and concurred. Seconded by Michalski. Motion carried 6-0. SMG Management Agreement: City Manager recommending approval of an amendment to the SMG Management Agreement changing the date for Civic Center Manager Paula Jo Wolfe to transition to SMG from September 30, 2004 to December 31, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carned 6- O. RESOLUTION NO. 374-04 APPROVING THE FIRST AMENDMENT TO MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SMG WHEREAS, the City of Dubuque (City) and SMG (SMG) have entered into an Agreement for the management of City's Five Flags Civic Center; and WHEREAS, City and SMG now desire to amend the Agreement as set forth in the attached First Amendment to Management Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOllOWS: 1. The First Amendment to Management Agreement attached hereto is hereby approved. 2. The Mayor is hereby authonzed and directed to sign the First Amendment to Management Agreement on behalf of the City. Passed, approved and adopted this 4th day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 8-0. 342 Regular Session, October 4, 2004 Bee Branch Alignment Study: Communication from Laurie Bartolotta, 2104 Kniest Street, regarding the Bee Branch alignment study, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. Iowa Department of Transportation: Communication from Thomas M. Storey, Iowa Department of Transportation, advising that the DOT is proposing to let a Hot Mix Asphalt Joint and Crack Sealing project located on US 20 in Dubuque from Crescent Ridge to Devon Drive, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Michael Keegan and Sandra Keegan, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 6-0. Annexation Status Report: City Manager recommending approval of the submission of an Annexation Status Report to the City Development Board, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 6-0. Federal Recreation Trail Grant Application - Water Works Park: City Manager recommending approval of the submission of a Federal Recreational Trails grant application for Phase 1 of Water Works Park to the Iowa Department of Transportation, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carned 6-0. RESOLUTION NO. 375-04 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL RECREATIONAL TRAILS FUNDS FOR WATER WORKS PARK Whereas, the City of Dubuque has identified Water Works Park as an important trailhead facility to be developed as part of the Heritage Trail Riverfront System and America's River Project; and Whereas, the Iowa Department of Transportation has Federal Recreational Trails Funds for the development of trail-related projects; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of trailheads and public parks along the Hentage Trail Riverfront System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign this resolution authonzing application to the Iowa Department of Transportation for Federal Recreational Trails Funds for Water Works Park. Section 2. The Planning Services Manager is hereby authonzed to submit the application to the Iowa Department of Transportation for Federal Recreational Trail Funds for Water Works Park. Section 3. That in the event said application is approved, the City Council hereby provides its wntten assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Passed, approved and adopted this 4th day of October 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Statewide Transportation Enhancement Funds (lSTEA) Grant - Water Works Park: City Manager recommending approval of the submission of a Statewide Transportation Enhancement Funds (ISTEA) grant application for Phase 1 of Water Works Park to the Iowa Department of Transportation, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 376-04 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATEWIDE TRANSPORTATION ENHANCEMENT FUNDS FOR WATER WORKS PARK Whereas, the City of Dubuque has identified Water Works Park as an important trailhead facility to be developed as part of the Heritage Trail Riverfront System and America's River Project; and Whereas, the Iowa Department of Transportation has Statewide Transportation Enhancement Funds for the development of trail-related projects; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that includes goals for development of trailheads and public parks along the Hentage Trail Riverfront System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, October 4, 2004 343 Section 1. The Mayor hereby is authonzed to sign this resolution authorizing application to the Iowa Department of Transportation for Statewide Transportation Enhancement Funds for Water Works Park. Section 2. The Planning Services Manager is hereby authonzed to submit the application to the Iowa Department of Transportation for Statewide Transportation Enhancement Funds for Water Works Park. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Passed, approved and adopted this 4th day of October 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carned 6-0. Economic Development Initiative (EDI) Special Project Grant: City Manager recommending approval of an amendment to the Economic Development Initiative (ED I} Special Project grant for the America's River Museum, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion earned 6-0. RESOLUTION NO. 377-04 A RESOLUTION PROVIDING FOR A BUDGET AMENDMENT TO THE ECONOMIC DEVEL- OPMENT INITIATIVE (EDI) SPECIAL PROJECT GRANT AGREEMENT WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE AMERICA'S RIVER MUSEUM. Whereas, the U.S. Department of Housing and Urban Development (HUD) has allocated a $1,000,000 Economic Development Initiative (ED I) Special Project grant to the City of Dubuque, on behalf of the Dubuque County Historical Society (DCHS), sub-grantee, for work associated with the development of the America's River Museum; and Whereas, the Dubuque County Historical Society will utilize the grant funds for the America's River Museum project and will be the entity responsible for completing said project; and Whereas, the Dubuque County Historical Society is requesting the budget be amended to reallocate funds without increasing the awarded amount. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the budget for the $1,000,000 Economic Development Initiative (EDI) Special Project grant for the Amenca's River Museum is hereby amended as follows by reallocating funds as follows: $924,000 for personnel and $76,000 for fringe benefits. Section 2. That the Mayor is hereby authorized to submit said budget amendment for the EDI grant to the U. S. Department of Housing and Urban Development together with such documents as may be required. Passed, approved and adopted this 4'h day of October 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Request to Purchase City Property: Communication from Paul M. Fahey requesting to purchase City-owned property abutting 2297 University Avenue, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Michalski. Motion carried 6-0. Letter to the Department of Transportation: City Manager correspondence to Norman Mineta, Secretary of the Department of Transportation, regarding increasing air service links between the United States and international markets, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6- O. Business Licenses: RESOLUTION NO. 378-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. RENEWAL Eagle Country Market Downtown Eagles, Inc. 1800 Elm St Passed, approved and adopted this 4th day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 379-04 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply 344 Regular Session, October 4, 2004 with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Aldi, Inc. Aldi # 30 2160 Holiday Dr Rainbo Oil Comp Kwik Stop Food Mart+ (Sunday Sale) 2360 Centrai Av Passed, approved and adopted this 4th day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carned 6-0. RESOLUTION NO. 380-04 Wihereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Dog Gone, Inc Dog House Lounge+ (Sunday/Outdoor Sale) 1646 Asbury Rd Platinum Hospitality Group LLP Grand River Center+(Sunday/Outdoor Sale} 500 Bell St SPECIAL CLASS "C" LIQUOR Cafe Manna Java LLC Cafe Manna Java+ (Sunday/Outdoor Sale) 269 Main St CLASS "B" WINE Teri A. Burdt River City Gift Shop 137 Main St Family Mart, Inc. Family Mart 3201 Central Av Passed, approved and adopted this 4'h day of October, 2004. John H. Markham, Mayor Pro- Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. ITEM TO BE SET FOR PUBLIC HEARING Widening of Asbury Road at the Northwest Arterial Project - Initiate: City Manager recommending initiation of the bidding process for the Widening of Asbury Road at the Northwest Arterial Project and that a public hearing be set for October 18, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 5-0 with Nicholson bnefly out of the room. RESOLUTION NO. 381-04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Widening of Asbury Road at the Northwest Arterial in the estimated amount of $56,749.77 are hereby approved and ordered filed In the office of the City Clerk for publiC inspection. Passed, adopted and approved this 4th day of October, 2004. John H. Markham, Mayor Pro- Tem Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 5-0 with Nicholson briefly out of the room. RESOLUTION NO. 382-04 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Wihereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Widening of Asbury Road at the Northwest Artenal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 18th day of October, 2004, at 6:30 p.m. in the Public Library Auditonum at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pnor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 4'h day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set for Public Hearing on 10/18/04 at a Regular Session, October 4, 2004 345 meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carned 5-0 with Nicholson briefiy out of the room. RESOLUTION NO. 383-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Widening of Asbury Road at the Northwest Arterial is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secunty to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 12'h day of October, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 18'h day of October, 2004. Passed, adopted and approved this 4'h day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 5-0 with Nicholson briefiy out of the room. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (Two three-year terms through 10/1/07 and one vacant youth term through 6/1/05) Applicant: Chad M. Chase - Youth No one spoke. Appointments to the following Boards / Commissions: Housing Commission (One 3- year unexpired term through 8/17/05) Applicant: Angela Mozena Michaiski moved that Angela Mozena be appointed to the Housing Commission for an unexpired three year term through 8/17/05. Seconded by Connors. Motion carried 6-0. PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 6-0. Cedar Lake Plaza Planned Unit Development (PUD) District (Tabled 9120/04): Buol moved that the following be removed from the table. Seconded by Nicholson. Motion carried 6-0. Proof of publication on notice of hearing to consider an amendment to the Cedar Lake Plaza Planned Unit Development (PUD) Distnct as requested by Rick Anderson / Anderson / Schaul Carwash Corporation and Zoning Advisory Commission recommending approval, with conditions; communication from Clark Payne, President of the Turnberry Condominium Owners Association, in opposition to the proposed Cedar Lake Plaza Planned Unit Development (PUD) amendment; communication from Howard McLean and Dorothy McLean in opposition to the proposed amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances providing for the amendment of Ordinance 63-97, which adopted regulations for hereinafter descrtbed property located at Cedar Lake Plaza, 395 Cedar Cross Road, in a PUD Planned Unit Development District with a PC Planned Commercial designation, presented and read. Rick Anderson spoke in favor of the rezoning and provided a description of the operation and building plans. In response to a question he stated that the designation of a car wash as a permitted use had not been specifically addressed in the onginal PUD. He further spoke clarifying that the car wash doors would be closed from 9:00 P.M. to 7:00 A.M. and that noise would be contained inside the building. Laura Carstens, City Planner, spoke outlining the request specifics and stated the onginal Planned Unit Development designation did not contain a car wash. Clark Payne of 470 Woodland Ridge, Howard M. McClean of 585 Woodland Ridge, and Jeanette Sterret, 3405 Lake Ridge, spoke objecting to the proposed rezoning. Jeff Hansel, 439 Tamarack Ct., as the developer of this property, spoke in support and clarified various issues. Judy Graves, 410 Woodland Ridge, spoke objecting to the rezoning, stating the street was not designed for additional curb cuts. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be 346 Regular Session, October 4, 2004 suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion failed due to the following vote: Yeas-Connors. Nays-Buol, Cline, Markham, Michalski, Nicholson. Northwest Arterial Fiber Optics Conduit Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Northwest Artenal Fiber Optics Conduit Project to Volkens, Inc., in the amount of $113,024.00, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carned 6-0. RESOLUTION NO. 384-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1" day of September, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Northwest Arterial Fiber Optics Conduit Project. Wihereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 4'h day of October, 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 385-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Northwest Arterial Fiber Optics Conduit Project pursuant to Resolution No. 350-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10.h day of September, 2004. Whereas, said sealed proposals were opened and read on the 23'" day of September, 2004 and it has been determined that the bid of Volkens, Inc. of Dyersville, Iowa, in the amount of $113,024.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Vol kens, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 4th day of October, 2004. John H. Markham, Mayor Pro- Tem Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Nicholson moved that the rules be reinstated limiting discussion to the Council. Seconded by Michalski. Motion carried 6-0. ACTION ITEMS Code of Ordinances - Chapter 5 - Alcoholic Beverages (First Reading on 9120/04): Communication from Dean Nelson, Dubuque Area Substance Abuse Coalition Coordinator, requesting time for Garry Heiar, Kathy Davis, Eileen Sullivan and John Torres, members of the Task Force, to address the Council regarding the proposed ordinances; communication from Kathy Davis, Counselor at Northeast Iowa Community College, requesting to address the City Council regarding the proposed changes to the Alcoholic Beverages Ordinance; communication from Lynn Boffeli, Binge Drinking Sub-Committee Chairperson, regarding the proposed ordinances and the work of the Binge Drinking Sub-Committee; communication from John Torres, Food and Beverage Director - Dubuque Greyhound Park and Casino, requesting to address the Council regarding the proposed ordinances; communication from Garry Heier, Iowa Hospitality Association - Dubuque Chapter, requesting to address the Council in support of the proposed ordinances; communication from Eileen G. Sullivan, Vice President for Student Development, requesting to address the Council regarding the proposed ordinances; communication from Cheryl Whalen, on behalf of the Historic Bluffs Neighborhood Association, expressing the Association's strong support of the Dubuque Area Substance Abuse Coalition's recommendations for the two new ordinances, presented and read. An Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 Regular Session, October 4, 2004 347 prohibiting buffet sales of alcoholic liquor, wine or beer and an Ordinance Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed, presented and read. Garry Heiar, of Iowa Hospitaiity Association and Eileen Sullivan, Vice President for Student Development at Loras College, spoke in favor of the proposed ordinances. Kari Fieckenstein, a Clarke College student, spoke stating the Ordinance would not make a difference as students would find a way around it. Police Chief Wadding stated that the Ordinance is needed and it can be enforced. Buol moved that this be considered the second reading of the Ordinance. Seconded by Michalski. Motion carried 6-0. Eagle Valley Subdivision - Final Plat: City Manager recommending approval of the final plat of Lots 1-4, inclusive, and Lots A-B, inciusive, of Block 5 of Eagle Valley Subdivision in the City of Dubuque, Iowa, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 386-04 A RESOLUTION RESCINDING RESOLUTION NO. 346-03, AND APPROVING THE FINAL PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS A-B, INCLUSIVE OF BLOCK 5 OF EAGLE VALLEY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1-4, Inclusive, and Lots A-B, Inclusive, of Block 5 of Eagle Valley Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Golden Eagle Drive (Lot B), together with certain public utility easements, all in Eagle Valley Subdivision, which the owner, by said final plat, has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had here approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Golden Eagle Drive (Lot B), and the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat and the same are hereby accepted; and Section 2. That the final plat of Lots 1-4, Inclusive, and Lots A-B, Inclusive, of Block 5, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided by the owners of said property herein named, execute their wntten acceptance attached hereto. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The developer will maintain erosion control devices constructed in Block 5 of Eagle Valley Subdivision until it has been fully completed. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the city off Dubuque for the storm water detention facility (Lot B) shall be assessed against the lot owners of Eagle Valley Subdivision, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and city standard speCifications and accepted by the City Council Resolution. Section 6. That in the event Arnold Van Etten and Fondell Excavating, Inc. fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approvai the plat shall not be effective. 348 Regular Session, October 4, 2004 Passed, approved and adopted this 4'h day of October 2004. John H. Markham, Mayor Pro- Tem Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 386-04 I, Arnold Van Etten, property owner, having read the terms and conditions of the foregoing Resolution No. 386-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15'h day of November, 2004. By: /s/ Arnold Van Etten ACCEPTANCE OF RESOLUTION NO. 386-04 I, Mark Fondell, representing Fondell Excavating, Inc., having read the terms and conditions of the foregoing Resolution No. 386- 04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15'h day of November, 2004. By: /s/ Mark Fondell Cline moved adoption of the Resolution. Seconded by Connors. Motion earned 6-0. Asbury Plaza No. 12 - Final Plat: City Manager recommending approval of the final plat of Asbury Plaza No. 12 to facilitate development of the new Star Cinema Theater Complex at the northeast comer of Asbury Plaza Shopping Center, subject to waiving the lot frontage requirements for Lot 1, Lot 6 and Lot B, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 387-04 A RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA NO. 12 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Plaza Drive (Lot A) together with certain public utility and sewer easements, which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot 1, Lot 6 and Lot B where 50 feet is required by Section 42-19(b} of the Subdivision Regulations; and Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 and 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Plaza Drive (Lot A) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-1 9(b) of the Subdivision Regulations is waived to allow Lot 1, Lot 6 and Lot B to have 0 feet of lot frontage where 50 feet is required. Section 3. That the final plat of Asbury Plaza No. 12 is hereby approved by the Mayor and City Clerk are hereby authonzed and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their wntten acceptance hereto attached agreeing: (a) To reduce Plaza Dnve (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility (Lot 5) in a manner acceptable to the City Engineer, in accordance with the Ctly of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. (d) To install sidewalks along Plaza Drive in accordance with the typical cross section and improvement plans approved by the City Engineer. (e) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the publiC improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Regular Session, October 4, 2004 349 of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Asbury Dubuque, L.L.C., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such fonn and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all pubiic improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Asbury Dubuque, L.L.C. fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 4'h day of October 2004. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 387-04 I, Bob Dunning, representing Asbury Dubuque, L.L.C., the undersigned, having read the terms and conditions of the Resolution No. 387-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 4th day of October 2004. /s/ Bob Dunning Asbury Dubuque, L.L.C. Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. City Council Appointments: Appointment of City Council Members to various boards/commissions. Council discussed the procedure to be used for appointments to various boards and commissions. It was stressed that all members of the Council needed to serve on boards, that they should attend the meetings of the ones they are appointed to, and that no individual "owned" a seat on any of the boards or commissions. After further discussion it was determined that all appointments would be reviewed at the first meeting in January and until that time the process for appointment would remain as it currently is. Nicholson moved that Council Member Markham be appointed to replace him on the Greater Dubuque Development Corporation. Seconded by Michalski. Motion earned 6-0, Michalski moved that Council Member Nicholson be appointed to fill out the term on the Airport Commission (previously held by Markham). Seconded by Cline. Motion carried 6-0. COUNCIL MEMBER REPORTS Council discussed and praised the national group, 'Watchable Wildlife Conference Planning Team", which was holding their conference In Dubuque. The group partnered with the hosting community of Dubuque and numerous local organizations on the construction of the Universal Accessible Wildlife Pier at Heron Pond. Connors urged Council Members and citizens to attend and participate in the Domestic Violence observance on October 17th. There being no further business, Nicholson moved to adjourn. Seconded by Cline. Motion carried 6-0. The meeting adjourned at 8:52 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/13 /' ,. A d p /, ,,//<..,~/// . /' pprove : /../~/.(,//,;L,'_"" ~ f>'" 2004 ;1)./,,/>,//-<,- /- i. ~/ -// .,.6._ , ", " / / Aue~: , / / /, ;:./?,,//,'-/ ';:ity Clerk -) .</ / /,. - / /' '/h " .'/-< 350 Regular Session, October 18, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 18, 2004 Council met in Reguiar Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl Absent: City Manager Van Milligen Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Sister Kathy Lentsch, OSF, Vice President of the Sisters of St. Francis Proclamations: Red Ribbon Week (October 23 - 31, 2004) received by Brandon Schetgen of Holy Ghost School; Childhood Lead Poisoning Week (October 24 - 30, 2004) received by Public Health Specialist Mary Rose Corrigan, Michelle Lowe and Mike Buelow. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 10/4; Cable TV Teleprogramming Commission of 10/5; City Council of 10/4; Civil Service Commission of 9121; Community Development Advisory Commission of 9/8; Environmental Stewardship Advisory Commission of 10/5; Zoning Advisory. Commission of 10/6, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion camed 7-0. Proofs of publication of City Council Proceedings of September 7, 13, 14 and 20, 2004 and List of. Claims and Summary of Revenues for month ending August 31, 2004, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. City of Dubuque Financial Reports for month ending September 30, 2004 (on file in the City Clerk's Office), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Notice of Claims/Suits: Robert Boynton for vehicle damage; Mound Cny Bank vs. City of Dubuque, et al; Pospisil Painting, Inc. for material and labor costs; Amy Pitz for vehicle damage; Lisa Pnce for vehicle damage; Robert Waddick for property damage, presented and read. Buol moved that the claims and suits be referred to Legal for investigation. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dawn Close for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion earned 7-0. Corporation Counsel recommending settlement of the claims of Robert Boynton for vehicle damage, Luther Manor for property damage, Robert Waddick for property damage, and Lisa Pnce for vehicle damage and directing Finance Department to issue payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance Department to issue proper payment. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending that the claim of Amy Pitz for vehicle damage be referred to River City Paving Company, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Key City Properties LLC - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Key City Properties Plat NO.2 located on North Cascade Road in Dubuque County, as requested by Dave Schneider/Key City Properties LLC, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Tamarack Business Park - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision in Dubuque County as requested by Jon Luckstead, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 388-04 RESOLUTION APPROVING THE FINAL PLAT OF LOT 6, LOT 7 AND LOT C TAMARACK Regular Session, October 18,2004 351 S.E. FOURTH SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final piat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision; and Whereas, the final plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots; and Whereas, said final piat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. That the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat. Passed, approved and adopted this 18th day of October 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion earned 7-0. Medical Associates Subdivision NO.2: Zoning Advisory Commission recommending approval of the final plat of Lot C-1, C-2, and C-3 Medical Associates Subdivision No. 2 as requested by CU-L1NKlMedical Associates Realty, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 389-04 RESOLUTION APPROVING THE FINAL PLAT OF LOT C-1, LOT C-2 AND LOT C-3 OF MEDICAL ASSOCIATES SUDIVISION NO.2 IN THE CITY OF DUBUQUE. IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Lot C-1, Lot C-2 and Lot C- 3 of Medical Associates Subdivision, NO.2 in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appear a street to be known as Associates Drive (Lot C-2) which the owners by said Final Plat have dedicated to the pUblic forever; and Whereas, said Final Plat provides Lot C-1 with 1,507 square feet of lot area and Lot C-3 with 1,880 square feet of lot area, where 5,000 square feet of lot area is required; and Whereas, the Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Associates Drive (Lot C-2) as it appears upon said Final Plat, be the same are hereby accepted; and Section 2. That Section 42-19(b} of the Subdivision Regulations is waived to allow Lot C-1 with 1,507 square feet of lot area and Lot C- 3 with 1,880 square feet of lot area where 5,000 square feet is required. Section 3. That the Final Plat of Lot C-1, Lot C-2 and Lot C-3 of Medical Associates Subdivision, NO.2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the publiC rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the final plat. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council resolution. Passed, approved and adopted this 18th day of October 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion earned 7-0. White Water Creek Bridge - Memorandum of Understanding: City Manager recommending approval of a Memorandum of Agreement between the Federal Highway Administration, State Historic Preservation Office, Dubuque County, and the City of Dubuque, for relocation of the historic White Water Creek Bridge, 352 Regular Session, October 18, 2004 presented and read. Buol communication be received recommendation approved. Markham. Motion carried 7-0. moved that the and filed and Seconded by Dubuque Community School Distnct: Communication from John L. Burgart, Superintendent of the Dubuque Community School Distnct, thanking the City for constructing a new cul-de-sac on Tyler Road, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Citizen Communication: Communication from Brenda Gerhard, 4950 Northrange Court, regarding the Cedar Lake Plaza Planned Unit Development public heanng and commending the Council for their action, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Legislative Correspondence: Communication to Congressman Jim Nussle requesting that he refrain from adding his name to a letter being circulated by Representative Pickering calling upon the FCC to conduct an expedited proceeding to conclude that IP enabled services are interstate in nature, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. City Manager advising that Congressman Jim Nussle, consistent with the City's request, did not sign the letter being circulated by Representative Pickering, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Senator Charles Grassley advising that he has contacted the Federal Emergency Management Agency and the Army Corps of Engineers regarding the costs incurred by the City for operating the floodwall pumping stations during the flooding disaster in May 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carned 7- O. University of Dubuque: Communication from Alan Burr, University of Dubuque, requesting to purchase a portion of a city street/alley abutting University of Dubuque property at the corner of Lombard Street and Collins Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Assumption and Subordination of Mortgage Obligation and Promissory Note; City Manager recommending approval of an Assumption Agreement and Mortgage Subordination Agreement that will allow Denis Gioletti and Richard Hatton to transfer responsibility for a mortgage and promissory note to Jeffrey Jackson, who is purchasing the commercial property at 231 West 2nd Street, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carned 7-0. RESOLUTION 390-04 RESOLUTION AUTHORIZING AN ASSUMP- TION AGREEMENT AND A MORTGAGE SUBORDINATION AGREEMENT IN REGARD TO A MORTGAGE INTEREST IN THE EASTERLY 40 FEET OF LOT 85 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, the City of Dubuque, Iowa holds a Mortgage on property legally described as follows: The Easterly 40 feet of Lot 85 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City provided a Downtown Rehabilitation Loan to Frederick R. Bakey and Patncia E. Bakey on November 20, 1995 for the renovation of said property located at 231 W. 2" Street and further agreed on September 17, 2001 to an assumption agreement and a mortgage subordination agreement to facilitate the sale of said property to Denis Gioletti and Richard L. Hatton; and Whereas, Denis Gioletti and Richard L. Hatton are now proposing to sell said property to Jeffrey L. Jackson; and Whereas, Denis Gioletti and Richard L. Hatton have asked the City to transfer their liability for the mortgage and promissory note associated with said property to Jeffrey L. Jackson; and Whereas, the Assumption Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions ofthe agreement; and Whereas, Livingston State Bank requests the City subordinate its interest in said property by executing a Mortgage Subordination Agreement for a Real Estate Mortgage filed November 22, 1995, as Instrument No. 12265-1995 of the records of Dubuque County, Iowa, and; Whereas, the Mortgage Subordination Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assumption Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and Regular Session, October 18, 2004 directed to execute said Assumption Agreement on behalf of the City of Dubuque, Iowa. Section 2. That the Mortgage Subordination Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authonzed and directed to execute said Mortgage Subordination Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of October 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carned 7-0. Code of Ordinances - Supplement No. 62: City Manager recommending approval of the adoption of Supplement No. 62 to the Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 391-04 ADOPTING SUPPLEMENT NO. 62 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 62 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 34-04 enacted through May 17, 2004 and prepared by the Sterting Codifiers, Inc, Coeur D' Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion earned 7-0. Federal Communications Commission: Communication to Michael Powell, Chairman of 353 the Federal Communications Commission regarding review of the emergency alert system, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque River Rides: Communication from Nancy M. Webster, President and Chief Executive Officer - Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an additional eight-year term, presented and read. After discussion of obtaining necessary additional information, Buol moved to table this matter to the next Council meeting. Seconded by Markham. Carried by the following vote: Yeas-Buol, Connors, Duggan, Michalski, Markham. Nays-Cline, Nicholson. Great American Main Street Award: Dan LoBianco, Dubuque Main Street, Ltd, requesting a Resolution of endorsement from the City of Dubuque for inclusion in their application for the 2005 Great Amencan Main Street Award, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 392-04 IN SUPPORT OF THE 2005 GREAT AMERICAN MAIN STREET AWARDS APPLICATION OF DUBUUE MAIN STREET, LTD. Whereas, the economic health and cultural vibrancy of downtown Dubuque is crucial to the overall well-being of the City of Dubuque, Iowa; and Whereas, the City of Dubuque works in cooperation with Dubuque Main Street Ltd. to coordinate a downtown revitalization program aimed at the creation and retention of jobs, prevention and eiimination of slum and blight, enhancement of the local tax base and the capturing of private investment; and Wihereas, the City of Dubuque has experienced significant investment in pUblic improvements, fa<;ade improvements, building rehabilitation and real estate sales in Downtown Dubuque since the inception of Dubuque Main Street Ltd.; and Whereas, the City of Dubuque believes that downtown revitalization in Dubuque represent an important part of the city's quality of life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque fully supports Dubuque Main Street Ltd.'s entry into the Great American Main Street Awards competition. 354 Regular Session, October 18, 2004 Section 2. The Mayor is hereby authonzed and directed to sign this resolution on behalf of the City of Dubuque. Passed, approved, and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 393-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Hy-Vee Gas # 2 Hy-Vee Inc 2435 N.w. Artenal Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 394-04 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS"B" BEER J.P. O'Hara Inc Happy Joes Ice CreamlPizza Parlor + (Sunday Sale) 855 Century CLASS "C" BEER PERMIT Hy-Vee Inc. Hy-Vee Gas # 2+ (Sunday Sale) 2435 NW Arterial Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 395-04 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE DAMA Corp Rainbow Loun~e+ (Sunday Sale) 36 W. 4 St Sun's Corp. Yen Ching Restr 926 Main St Carolyn Fonck Channel Inn Rest 2010 11, Kerper Blvd CLASS "B" NATIVE WINE P.S. I Love You, Inc. P.S. I Love You 730 Main St Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion earned 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Reallocation of General Obligation Bonds Series 2002C: City Manager recommending that a public hearing be set for November 1, 2004 to consider the reallocation of General Obligation Bond proceeds for use on the new Municipal Services Center, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carned 7- O. RESOLUTION NO. 396-04 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to a Resolution approved on November 18, 2002, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2OO2C, in the aggregate pnncipal amount of $3,105,000 (the "Series 2002C Bonds"), for the purpose of paying costs of the acquisition, construction, improvement and equipping of watelWorks and water main extensions, including water treatment plant facilities and water main extensions and improvements and refunding and refinancing certain outstanding indebtedness of the City, consisting of the Regular Session, October 18,2004 355 General Obligation Bonds, Series 1994, dated May 1,1994; and WHEREAS, certain proceeds of the Series 2002C Bonds remain unspent, and Cijy staff has recommended that not to exceed $205,000 of such unspent proceeds (the "Unspent Proceeds") be applied for the purpose of paying a portion of the costs of the Municipal Services Center project; and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, ij is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the Municipal Services Center project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditonum, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 1st day of November, 2004, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2002C Bonds to provide funds to pay a portion of the costs of the Municipal Services Center project. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, pnnted wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 1 st day of November, 2004, at 6:30 o'clock P.M., in the Auditonum, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the General Obligation Bonds, Senes 2002C, of the City of Dubuque, Iowa (the "Series 2002C Bonds"), in the aggregate amount of not to exceed $205,000, in order to provide funds to pay a portion of the costs of the Municipal Services Center project. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2002C Bonds for the above purposes. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2003, as amended. Dated this 22nd day of October, 2004. Jeanne F. Schneider, City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution with date of Public Hearing to be 11/1/04 at a meeting to commence at 6:30 P.M. in the Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Environmental Stewardship Advisory Commission (Two 3-year terms through 10/1/07 - terms of Buelow and Nemmers) Applicants: Michael J. Buelow, John T. Nemmers. Mr. Buelow spoke requesting consideration for appointment. Appointments to the following Commission: Environmental Stewardship Advisory Commission (Two three-year terms through 10/1/07 and one vacant youth term through 6/1/05) Appiicant: Chad M. Chase - Youth. Michalski moved that Chad M. Case be appointed as the Youth representative to the Environmental Stewardship Advisory Commission for a term to expire 6/1/05. Seconded by Connors. Motion carried 7-0. Markham moved that Michael J. Buelow and John T. Nemmers be reappointed to three year terms on the Environmental Stewardship Advisory Commission which will expire 10/1/07. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Connors. Motion earned 7-0. Zoning Ordinance Text Amendment: Proof of publication on notice of heanng to consider a text amendment to Appendix A (the Zoning Ordinance) of the Code of Ordinances to provide for separation of adult entertainment 356 Regular Session, October 18, 2004 establishments from school property by providing a 1,200 foot separation to help buffer residential and institutional districts from adult entertainment establishments, presented and read. Markham moved that the proof of publication be received and filed. Seconded by Buol. Motion carned 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-8.3(1} of the Zoning Ordinance regulations governing the location and spatial separation of adult entertainment establishments to provide for a 1,200 foot separation of school properties from adult entertainment uses, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 75-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-8.3(1) OF THE ZONING ORDINANCE REGULATIONS GOVERNING THE LOCATION AND SPATIAL SEPARATION OF ADULT ENTERTAINMENT ESTABLISHMENTS TO PROVIDE FOR A 1,200 FOOT SEPARATION OF SCHOOL PROPERTIES FROM ADULT ENTERTAINMENT USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 4-8.3(1) and adopting the following new Section 4-8.3(1) governing the location and spatial separation of adult entertainment establishments and establishing a 1,200 separation between all public or private (parochial) primary and secondary school properties (K-12) and adult entertainment establishments stating: (1) "Adult entertainment may be established within a commercial zoning distnct or any industrial zoning district, but not within one thousand two hundred feet (1,200') of any residential or institutional distnct and any public or private (parochial) pnmary or secondary school property (K-12) approved by the Iowa State Board of Public Instruction." Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by iaw. Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22"" day of October, 2004. Jeanne F. Schneider, CMC, City Clerk 1t 10122 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pnor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion earned 7-0. Widening of Asbury Road at the Northwest Arterial Project: Proof of publication on notice of hearing to consider the Widening of Asbury Road at the Northwest Arterial Project and City Manager recommending award of the contract to Portzen Construction in the amount of $59,165.50, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 397-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 29'h day of September, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Widening of Asbury Road at the Northwest Artenal. Whereas, notice of heanng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 398-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Widening of Asbury Road at the Northwest Arterial Project pursuant to Resolution No. 383-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of October, 2004. Whereas, said sealed proposals were opened and read on the 12th day of October, 2004, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the Regular Session, October 18,2004 357 amount of $59,165.50 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authonzed and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of October, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Chamber of Commerce Convention and Visitors Bureau: Request of Sue Czeshinski, Director - Convention and Visitors Bureau, to provide the Convention and Visitors Bureau report, presented and read. Michalski moved that this report be tabled to the 11/1/04 Council Meeting. Seconded by Nicholson. Motion carried 7-0. Code of Ordinances - Chapter 5 - Alcoholic Beverages (Third Reading): Communication from Kate Zanger, Vice President for Student Life - Clarke College, urging the Council to vote yes on the proposed city ordinances related to alcohol and submitting an article from the USA Today regarding this issue, presented and read. Buol moved that the communication be received and filed. Seconded by Michaiski. Motion carried 7-0. An Ordinance Amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer, said Ordinance having been presented and read at the Council Meetings of September 20, 2004 and October 4, 2004, now presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 76-04 AMENDING CHAPTER 5 ALCOHOLIC BEVERAGES OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ENACTING A NEW SECTION 5-9 PROHIBITING BUFFET SALES OF ALCOHOLIC LIQUOR, WINE OR BEER Whereas, the Dubuque Area Substance Abuse Coalition and its Binge Drinking Subcommittee have requested the City Council to investigate ways to address concerns associated with binge drinking; and Whereas, the Subcommittee consists of members of Loras College, Clarke College and the University of Dubuque, Northeast Iowa Community College and Helping Services of Iowa; and Whereas, the Presidents of Loras College, Clarke College and the University of Dubuque have also requested that the City Council take action to address binge drinking; and Whereas, the City Council is concerned about the problem of binge drinking related to college students and other 18-20 year olds and their use of alcohol; and Whereas, the City Council has been presented with the results of the Harvard School of Public Health College Alcohol Study, an ongoing survey of more than 50,000 students at 140 four-year colleges located in 40 states; and Whereas, the study shows that access to an unlimited amount of alcohol for a flat fee increases the number of drinks in a sitting by 1.6 drinks; and Whereas, the City Council finds that increasing the price of alcohol through eliminating pnce specials and promotions will most likely reduce moderate and heavy drinking by college students and younger drinkers; and Whereas, the City Council finds that one of the means to accomplish that goal is to end special price promotions that lower prices, so-called "buffet dnnking" specials. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 5 of the City of Dubuque Code of Ordinances is hereby amended by enacting a new Sec. 5-9, Buffet Sales Prohibited, as follows: Sec. 5-9. Buffet Sales Prohibited: <a} The holder of a liquor license or wine or beer permit or the holder or permittee's employees or agents shall not sell, offer to sell, dispense, or serve for purpose of on-premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price. (b) Nothing in this section shall prohibit the holder of a liquor control license or wine or beer permit, or the holder or permittee's employees or agents, from: (1) including servings or drinks of alcoholic liquor, beer, or wine as part of a hotel or motel 358 Regular Session, October 18, 2004 package which includes overnight accommodations; (2) Providing a fixed price for an unlimited or indefinite amount of drinks for a private event, which is defined as an event restncted to a particular group or persons, provided that the iicensee or permittee shall provide the means or method by which to identify persons participating in private events, such as use of a private room or a physical means to identify such participants; or (3) Selling, offenng to sell, dispensing, or serving for purpose of on-premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed pnce if permitted for a special event by the City Council. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 18th day of October, 2004. /slTerrance M. Duggan, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 22"' day of October, 2004. Is/Jeanne F. Schneider, CMC, City Clerk 1t 10122 Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. An Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed, said Ordinance having been presented and read at the Council Meetings of September 20, 2004 and October 4, 2004, now presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 77-04 CHAPTER 5 ALCOHOLIC BEVERAGES OF THE CITY OF DUBUQUE CODE OF. ORDINANCES IS AMENDED BY ADDING THE DEFINITIONS OF RESTAURANT AND KITCHEN FACILITY TO SECTION 5-2 AND AMENDING SECTION 5-7.2 PROHIBITING PERSONS UNDER THE LEGAL AGE FROM REMAINING ON THE PREMISES WHERE ALCOHOLIC LIQUOR IS SOLD OR DISPENSED THIRTY MINUTES AFTER ANY RESTAURANT ON THE LICENSED PREMISES IS CLOSED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 5-2 of the City of Dubuque Code of Ordinances is amended to add the following definitions: Restaurant: A commercial establishment where the usual and customary business is the serving of meals to consumers and which includes a kitchen facility. Kitchen Facilitv: A facility with a sink with piped water, non-portable cooking equipment, such as ranges, cook stoves, or a cook top with oven, and refrigerator, located with the same building. Section 2. Sec. 5-7.2(a) of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 5-7.2 (a). Underage Persons Prohibited From Premises Where Alcoholic Liquor Is Sold Or Dispensed: It shall be unlawful for any person under the age for lawful purchase and/or possession of aicoholic beverages to enter or remain upon any premises between the hours of nine o'clock (9:00) P.M. and closing where more than thirty five percent (35%) of the business conducted on such premises is the sale or dispensing of liquor, wine or beer except as set forth in subsection (b) of this section. The phrase "business conducted on such premises" shall be defined as the total business revenue generated on such premises during the previous calendar year. If the establishment otherwise qualifies under the foregoing thirty-five percent (35%) critena, and has one or more restaurants in the building, no person under the legal age shall remain on the premises thirty minutes after any restaurant on the licensed premises closes. Section 3. This ordinance shall take effect upon publication. Passed, approved and adopted this 18th day of October, 2004Errorl Reference source not found.. /slTerrance M. Duggan, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 22"" day of October, 2004. /s/ Jeanne F. Schneider, CMC, City Clerk 1\ 10122 Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Achievement Award for Economic Development from the International Downtown Association: Receipt of the Achievement Award for Economic Development from the International Downtown Association, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Dubuque Main Street, LId: Receipt of the Best Public Improvement ProjectlNew Construction Regular Session, October 18, 2004 Award for the Grand River Center; Best Promotional Event/Partnership Effort Award for the Grand Excursion; and the Best Partnership Planning Effort Award for the Downtown Dubuque Master Plan from Dubuque Main Street, Ltd., presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Markham stated that the Saturday morning closing of Wacker Drive with no previous warning was unacceptable and requested a letter to that effect be sent to Iowa Department of Transportation. At 6:59 P.M. Buol moved to go into Closed Session, Pending Litigation - Chapter 21.5(1)(c) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 7:13 P.M. Council reconvened regular session stating staff had been given proper direction. There being no further business, Buol moved to adjoum. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 7:14 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10127 /, .I . Approved: /~>"'>>;;:?;t/l ?:, Adopted Attest: /)..., '/.-,-' ,/ /. //' // / /yty Clerk .-'-' ,- / '--._' -' I / ,..//" .'j/ / ,,/ ". " F _ - /,' 359 2004 2004 , / .' .